CASE COMMENTS: PROCEDURE – FRANCE – FORMER PARENT COMPANY OF THE AUTHOR OF AN INFRINGEMENT – SCOPE OF THE ANNULMENT OF THE DECISION AGAINST THE SUBSIDIARY – SCOPE OF THE LENIENCY IMMUNITY OBTAINED BY THE SUBSIDIARY

Single economic entity: The Paris court of appeals extends the annulment of a decision against a subsidiary to its former parent company, refuses the extension of a leniency immunity to the benefit of the former parent company in the same circumstances and clarifies the interest to act of a leniency applicant of lower rank against a leniency opinion issued to an applicant of higher rank (GEA Group, Brenntag)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The judgment of the Court of Appeal in the chemical commodities case, already commented on in these columns for its part relating to the violation of the rights of defence found by the Court, is also rich in lessons concerning (i) the procedural implications of the joint and several liability of a former parent company for the actions of a former subsidiary when it was under its control and (ii) the challenge to the legality of the leniency notices. On the first point, the Court accepted the extension, to the benefit of a former parent company, of the effects of the annulment of a decision concerning its former subsidiary following a plea raised by the

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Authors

  • University of Paris I Panthéon-Sorbonne
  • Ashurst (Paris)

Quotation

Christophe Lemaire, Simon Naudin, Single economic entity: The Paris court of appeals extends the annulment of a decision against a subsidiary to its former parent company, refuses the extension of a leniency immunity to the benefit of the former parent company in the same circumstances and clarifies the interest to act of a leniency applicant of lower rank against a leniency opinion issued to an applicant of higher rank (GEA Group, Brenntag), 2 February 2017, Concurrences N° 2-2017, Art. N° 83907, pp. 159-161

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